Transgender Student At Kenosha High School Wins Appeal

A federal appeals court says a transgender student who identifies as a male should be able to use the boys’ bathroom at his Wisconsin high school.

In September, U.S. District Judge Pamela Pepper granted 17-year-old high school senior Ashton Whitaker permission to use the boys’ bathroom at Kenosha’s Tremper High School. Kenosha Unified School District appealed the ruling, arguing the harm to other students, particularly male students using the bathroom, outweighs any harm to Whitaker.

The 7th U.S. Circuit Court of Appeals rejected this reasoning Tuesday. Judge Ann Claire Williams said harms to others are speculative while harms to Whitaker are well-documented. Those include suicidal thoughts as well as medical issues stemming from avoiding the bathroom.

A lawyer for the school district didn’t immediately return a message for comment.